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Volume 104 Issue 4

Articles

 

Toward a Horizontal Fiduciary Duty in Corporate Law

by Asaf Eckstein & Gideon Parchomovsky

Fiduciary duty is arguably the single most important aspect of our corporate law system. It consists of two distinct subduties—a duty of care and a duty of loyalty—and it applies to all directors and corporate officers. Yet, under extant law, the duty only applies vertically, in the relationship between directors and corporate officers and the firm. At present, there exists no horizontal fiduciary duty [...]

 

Local Evidence in Constitutional Interpretation

by Brandon L. Garrett

The Supreme Court frequently relies on state law when interpreting the U.S. Constitution. What is less understood is the degree and manner in which the Supreme Court and other federal courts look to local law. Although it has gone largely unnoticed, there is a robust practice of acknowledging and accounting for local law in the course of constitutional interpretation [...]

 

The Thirteenth Amendment: Modern Slavery, Capitalism, and Mass Incarceration

by Michele Goodwin

On August 31, 2017, The New York Times published a provocative news article, “The Incarcerated Women Who Fight California’s Wildfires.” California is particularly known for its wildfires.The dry-air, hot-weather conditions that persist much of the year and limited rainfall create the conditions that make pockets of the state ripe for devastating wildfires [...]

 

Property, Dignity, and Human Flourishing

by Gregory S. Alexander

The relationship between human dignity and human rights has become increasingly well-established in recent years. The Charter of Fundamental Rights of the European Union declares, for example, “Human dignity is inviolable. It must be respected and protected.”

What is not so clear is the relationship between human dignity and human flourishing. [...] 

 

 


 

Notes

 

Rethinking "Just" Compensation: Dignity Restoration as a Basis for Supplementing Existing Takings Remedies with Government-Supported Community Building Initiatives

by Alyssa M. Hasbrouck


Hertz So Good: Amazon, General Jurisdiction's Principal Place of Business, and Contacts Plus as the Future of the Exceptional Case

by D.E. Wagner